HomeMy WebLinkAbout182 OrlandoMr. Joseph A. Orlando
Supervisor
South Manheim Township
R. D. #1
Auburn, PA 17922
Re: #82- 89- C(1 -2)
Dear Mr. Orlando:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
CRDER OF THE COMMISSION
February 28, 1983
Order No. 182
The State Ethics Commission has received a complaint regarding you and a
possible violation of Act 170 of 1978. The Commission has now completed its
investigation. The individual allegations, conclusions and findings on which
those conclusions are based are as follows:
I. Allegation: That you, a township supervisor, had township employees using
township equipment place and level dirt on your private property and that this
was a use of your office and /or confidential information gained from that
office and a violation of Section 3(a) of the Act.
II. Findings:
1. As a township supervisor you are a public official and subject to
requirements of the Ethics Act.
2. Several loads of dirt were delivered to your property with township
equipment and the dirt was leveled by township employees operating tbwnship
equipment.
3. It is township policy and custom to offer dirt to residents who live
adjacent to roads being cleaned and scraped.
4. Your property is adjacent to the road from which the dirt was hauled.
You believed you were the closest to the road.
5. There were other township residents who also live adjacent to the road and
you do not know if they were offered the opportunity to have fill delivered to
their property.
Joseph Orlando
February 28, 1983
Page 2
6. There is no evidence that other residents were offered the opportunity to
have this fill placed on their property. Some residents stated they were not
given this opportunity.
Discussion: The Ethics Act does not apply to the fundamental authority of the
township. The Act does not and should not restrict the township supervisors'
responsibilities for establishing policies for effective and efficient
operations. However, The Ethics Act does restrict certain activities.
Section 3(a) of the Ethics Act requires that:
No public official or public employee shall use his
public office or any confidential information received
through his holding public office to obtain fianancial
gain other than compensation provided by law for
himself, a member of his immediate family, or a business
with which he is associated. 65 P.S. 403(a)
Your property was adjacent to the road and placing the dirt on your
property was in accordance with the established township policy. Under these
circumstances, there is no action serious enough to find a violation of
Section 3(a). It is to the supervisors credit that the policy on the
placement of fill is objective and publicly known. However, Section 1 of the
Ethics Act requires that a public official avoid even the appearance of a
conflict with the public trust. Therefore, to avoid the appearance of a
conflict of interest, the policy must also be objectively applied. When a
supervisor appears to be favored by being selected from a a number of
residents equally eligible to receive the benefit and there is no apparent
reasonable basis for that selection, the appearance of a conflict is created.
Conclusion: You created the appearance of a conflict of interest when you
accepted fill and had township personnel operate township equipment in a way
which benefitted you while other township residents equally eligible were not
clearly given the same opportunity or benefits. You must avoid the appearance
of a conflict of interest in similar circumstances by either not accepting
benefits or by insuring that the benefits are equally available and offered
in a way which makes it clear that you were not favored and benefitted
because you were a public official. The Commission will take no further action
in this matter if the action is not repeated. This conclusion does not
prohibit you from receiving fill as a resident of the township but requires
that you receive it only as a result of the objective application of the
Township's' policy.
Joseph A. Orlando
February 28, 1983
Page 3
Our files in this case will remain confidential in accordance with
Section 8(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final
and will be made available as a public document within 15 days after service
unless you file documentation with the Commission which justifies
reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code
2.38. During this 15 -day period, no one, including the Respondent unless he
waives his right to challenge this Order, may violate this confidentiality by
releasing, discussing or circulating this Order.
Any person who violates the confidentiality of a Commission proceeding
is guilty of a misdemeanor and shall be fined not more than $1000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
PJS /jc
By the Commission,
' - -Pau1 J. ;$mi"th
Chairman